Minutes-PC 2005/10/31~
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o~ o Planning Cornmission
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~, Minutes
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~ ~a~ Mondav, October 31, 2005
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,~, ^ Council Chamber, City Hall '
~ ~ 200 South Anaheim Boulevard Anaheim California
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CHAIRMAN: GAIL EASTMAN
Commissioners Present: KELLY BUFFA, CECILIA FLORES, JOSEPH KARAKI,
ED PEREZ, PANKY ROMERO
Commissioners Absent: PAT VELASQUEZ
Staff Present:
Mark Gordon, Assistant City Attorney Alfred Yalda, Principal Transportation Planner
Greg Hastings, Planning Services Manager James Ling, Associate Civil Engineer "
Cheryl Flores, Senior Planner Amy Vazquez,:Associate Planner
Judy Dadant, Senior Planner Elly Morris, Senior Secretary
John Ramirez, Associate Planner
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 3:30 p.m. on
Wednesday, October 26, 2005, inside the display case located in the foyer of the Council Chambers,
and also in the outside display kiosk.
• Call To Order
Preliminary Plan Review 1:00 P.M.
• STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS
AND ISSUES (AS REQUESTED BY PLANNING COMMISSION)
• PRELIMINARY PLAN REVIEW FOR ITEMS ON THE OCTOBER 31; 2005 AGENDA
Published: Anaheim Bulletin Newspaper on Thursday, October 6, 2005
• Recess To Afternoon Public Hearing Session
• Reconvene To Public Hearing 2:30 P.M.
Attendance: 11
For record keepinq purposes if vou wish to make a statement reaardinq anv item on the
aqenda please complete a speaker card in advance and submit it to the secretarv.
• Pledge Of Allegiance: Commissioner Romero
• Public Comments
~ Consent Calendar
~ Public Hearing Items
• Adjournment _
You may leave a message for the Planning Commission using the following
e-mail address: planning_c__ommissionCa~anaheim.net :
H:\TOO LS\PCAD M I N\PCM I N IACT12005M I N UTESIAC 103105. DOC
OCTOBER 31, 2005 :
PLANNING COMMISSION MINUTES
'~ Anaheim Planning Commission Agenda - 2:30 P.M. _
Public Comments: None .
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing -
items.
Consent Calendar: :
The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate
discussion of these items prior to the time of the voting on the motion unless members of the Planning
Commission, staff or the public request the item tobe discussed and/or removed from the Consent
' Calendar for separate action.
Commissioner Karaki offered a motion, seconded by Commissioner Romero and MOTION CARRIED
,(Commissioner Velasquez absent), for'approval ofConsent Calendar Items 1-A through 1-E as
recommended by staff. UNANIMOUSLY APPROVED
Renorts and Recommendations
1A.(a) CONDITIONAL USE PERMIT NOS. 307; 2053 AND 3429
(b) VARIANCE NO. 4041
(Tracking Nos. CUP2005-05034 and VAR2005-04660)
• Agent: John C. O'Brien, Brookfield Homes, 3090 Bristol Street,
Suite 200, Costa Mesa, CA 92626-3061
Location: 2300-2340 West Lincoln Avenue. Property is
approximately 8.8 acres, having a frontage of 660 feet on the south
side of Lincoln Avenue and is located 650 feet east of the centerline of
Gilbert Street.
Request to terminate Conditional Use Permit No. 3429 (to permit a
portable food service use (hot dog cart) in conjunction with a permitted
retail store), Conditional Use Permit No. 2053 (to permit an auto
service station), Conditional Use Permit No. 307 (to construct a service
station and used car lot) and Variance No. 4041 (waiver of minimum
number of parking spaces and limitations to be permitted uses and
structures to establish a 90,000 square foot home improvement store
with an outdoor garden center).
Termination Resolution No. PC2005-149
Terminated
Consent Calendar
Approval
VOTE: 6-0
Commissioner Velasquez ,
absent
Project Planner.
(%nixon@anaheim. net)
OCTOBER 31, 2005
PLANNING COMMISSION MINUTES
•
1B.(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved
(b) CONDfT10NAL USE PERMIT NtO. 2005-04971 Determined to be in substantial
(Tracking No. CUP2005-05040) conformance with previousty-
approved exhibits.
Agent: Laura North, 2828 North Danbury Street, Orange, CA ' ~To permit adaitional office area)
92867
Location: 5395 East Hunter Avenue. Property is 2.1 acres, having Consent Catendar Approval
a frontage of 320 feef on the north`side of Hunter Avenue and is
located 110 feet north of the centerline of Brasher Street (Pump It ' voTE: 6-0
Up~ Commissioner Velasquez absent
Request for determination of substantial conformance pertaining to
additional office area for a previously-approved indoor private pro~ect P~anner:
recreation facility. (kwong2@anaheim.net)
•
OCTOBER 31, 2005
PLANNING COMMISSION MINUTES
• Min
1C. Receiving and approving the Minutes from thePlanning Commission Approved
Meeting of September 7, 2005. (Motion)
Continued from the 8eptember 19, and October 3, 2005, Planning Consent Calendar
Commission meetings APproval
VOTE: 6-0
Commissioner Velasquez
_ absent
1D. Receiving and approving the Minutes from the Planning Commission Approved
Meeting of September 19, 2005. (Motion)
Continued from the October 3, 2005, Planning Commission meeting Consent Calendar
Approval
VOTE: 6-0
Commissioner Velasquez
absent
•
1E. Receiving and approving the Minutes from the Planning Commission Continued to
Meeting of October 3, 2005. (Motion) November 14, 2005
Consent Calendar
Approval
VOTE: 6-0
Commissioner Velasquez
absent
OCTOBER 31, 2005
PLANNING COMMISSION MINUTES '
Public Hearing Items:
• 2a. SUBSEQUENT EIR NO. 332 (PREVIOUSLY-CERTIFIED) Perez/Romero
AND ADDENDUM AND MITIGATION MONITORING
PLAN NO. 138-A
2b. TENTATIVE TRACT MAP 16859 Perez/Flores
Agent: Lennar Platinum Triangle LLC, 25 Enterprise, Aliso Viejo, CA "
92656
Location: The Piatinum Trianule. The "Lennar A-Town ProjecY'
encompasses an approximate 41.4-acre project site is
generally located between Katella ~4venue and Gene Autry
Way, extending from State College Boulevard to just west of
South Betmor Lane in an area of the City of Anaheim known
as The Platinum Triangle. The project site is further identified
as Sites 1 and 2 on the map below. Site 1 encompasses 31
acres located at 1200-1558, 1700, and 1800 East Katella
Avenue; 1301-1395 and 1551 Gene Autry Way; 1870, 1871, ~
~ 1880, 1881, 1890, 1891, 1900, and 1901 South Chris Lane;
1833 and 1841 South State College Boulevard; 1800 and
1801 East Talbot Way. Site 2 encompasses 10.4 acres
located at 1871, 1881, 1891, 1901, 1870, 1880, 1890, 1900
and 1910 South Betmor Lane and 1100 East Katella Avenue.
The project site also encompasses portions of South Chris
Lane and South Betmor Lane as indicated in the vicinity map.
• Request to establish a 19-lot (including four lettered lots) subdivision for
Lennar's "A-Town", a master planned community, with up to 2,681
residential units, two public parks and associated public facilities and
infrastructure (identified as Site 1 and Site 2).
Continued from the October 3, 2005, Planning Commission meeting.
Approved
Approved
VOTE: 6-0
Commissioner Velasquez
absent
Project Planner.
(cBores@anaheim. net)
Chairman Eastman opened the public hearing.
Cheryl Flores, Senior Planner, introduced Item No. 2. She referred to page 5 of the staff report and
clarified that the finding of paragraph 17, finding number 4, should indicate that the approved master site
plan shows an overall density of 66 dwelling units per acre.
ApplicanYs Statement:
Gus Duran, 25 Enterprise, Aliso Viejo, CA, stated he represents Lennar and is present to answer any
questions. '
THE PUBLIC HEARING WAS CLOSED.
OPPOSITION: None
Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on
Thursday, November 10, 2005.
~
DISCUSSION 71ME: 3 minutes (2:40-2:43)
10-31-05
Page 5
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OCTOBER 31, 2005
PLANNING COMMISSION MINUTES
~ 3a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Flores/Buffa Approved
3b. CONDITIONAL USE PERMIT NO. 2090 Flores Approved reinstatement
(TRACKING'NO. CUP2005-050271: for 3 years (to eapire on
August 27, 2008)
Owner: Paul Nikolau, 1160 North Kraemer Boulevard, Anaheim,
CA 92806
Agent: Juan M. Reynoso, Xalos Restaurant and Bar, 1160 North vOTE: 6-0
Kraemer Boulevard, Anaheim, CA 92805 commissioner
Velasquez absent
Location: ' 1160 North Kraemer Boulevard: Property is
- approximately 0.9-acre, having a frontage of 975 feet on
the easf side of Kraemer Boulevard and is located 242
feet south of the centerline of Coronado Street.
Request for reinstatement of this permit by the modification or deletion of a
condition of approval pertaining'to a time limitation (approved on
September20, 2004 to expire August 27, 2005) to retain public
entertainment in conjunction with a previously-approved restaurant with '-
sales of alcoholic beverages for on-premises consumption (Xalos
Restaurant):
Continued from the October 3, 2005, Planning Commission meeting.
' Project Planner.
Conditional Use Permit Resolution No. PC2005-150 (avazquez@anaheim.net)
~ Chairman Eastman opened the public hearing.
Amy Vazquez, Associate Planner, introduced Item No. 3 and stated the subject item was continued from
the October 3, 2005, Planning Commission meeting in order for the applicant to work with the neighboring
property owner to resolve some concerns related to parking. Staff is pleased that a solution has been
reached and agreed upon by all parties, the ne+ghbor who had opposed the request has submitted a letter
of support which is attached to today's staff report.
ApplicanYs Statement:
Juan Reynoso, Xalos Restaurant, 1160 N. Kraemer B(vd., Anaheim, CA, stated he talked to his neighbor
regarding the overtlow of parking spaces and the issue is now resolved.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Buffa indicated to the applicant that the City appreciates that he was able to work with the
neighbor to resolve the issue.
Commissioner Romero stated there should be some monitoring on the applicanYs part in order to ensure
that no problems arise.
OPPOSITION: None
Mark Gordon, Assistant City Attomey, presented the 22-day appeal rights ending at 5:00 p.m. on
• Tuesday, November 22, 2005.
DISCUSSION TIME: 5 minutes (2:44-2:49)
10-31-05
Page 6
OCTOBER 31, 2005
PLANNING COMMISSION MINUTES
• 4a. CEQA NEGATIVE DECLARATION Continued to
4b. WAIVER OF CODE REQUIREMENT November 28, 2005
4c. CONDITIONAL USE PERMIT NO. 2005-05028
4d. TENTATIVE'PARCEL MAP NO. 2005-247
Motion: Romero/Karaki
Owner: Calvada Development, Shawn Danesh, 26996 La Paz '
Road, Aliso Viejo, CA 92656 VOTE: 5-0
A ent: Me Beatrice, Architecture M, 800 East Ocean Boulevard, ~011n"ssioner Perez
9 9 abstained and Commissioner
Suite 105, Long BeaCh, CA 90802 Velasquez absent '
~ Location: 1131 West Lincoln Avenue: Property is approximately '~
' 0.39-acre, Jocated at the northeast corner'of Lincoln
Avenue and Carleton Avenue'
Conditional Use Permit No. 2005-05028 - Requesf to construct a 3,897 '
square-foot*, three unit commercial retail center including a drive-through
coffee shop (Starbucks) with waivers of (a) minimum landscaped setback;
(b) minimum number of parking spaces, and (c) location of drive-through
lane. ,
Tentative Parcel Map No. 2005-247- To establish a 1-lot commercial
subdivision.
Conditional Use Permit Resolution No. ProjectP~anner:
Qpramirez@anaheim. net)
• *advertised as 4,100 square-foot
~
Chairman Eastman opened the public hearing.
John Ramirez, Associate Planner, introduced Item No. 4 and stated staff received an e-mail this morning
in opposition to the project due to the site design being inconsistent with the character of the adjacent
historic neighborhood.
Commissioner Perez stated he would be abstaining on the subject item since he represents Starbucks
Coffee Company.
ApplicanYs Statement:
Meg Beatrice, Architecture M, 800 East Ocean Boulevard, Suite 105, Long Beach, CA, stated they are
very excited about the development of the center and the prospect of it becoming a productive resource
for the neighborhood. She referred to the concern raised regarding the location of the building on the
site, and stated the s'eason the building was brought forward was to allow for maximum parking on the site
because it is a very tight site and also to provide for maximum security for the building. By allowing
visibility on all sides, they provide for good security and if the building was pushed back into the corner of
the lot it would bring up security concerns. She referred to the landscaping issue and stated they have
provided for 10 feet of landscaping between the street and the building itself. There is more than 10 feet
on the west side of the site and the landscape area between the building and the drive through presents
another 5 feet. They have provided a 4-foot dedication which consists of a 3-foot alley widening
easement and a 1-foot dedication along the front of the property. There is an additional 4 feet along the
entire length of the property that is being given back to the City. 7herefore, they are giving back 14 feet
• back to the City in terms of landscaping and dedications and would be very close to the 15 foot required
landscaping.
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OCTOBER 31, 2005
PLANNING COMMISSION MINUTES
• She stated they feel they have some special circumstances with the site as the corner location of the site
requires a great deal of landscaping, and asked for Commis'sion's consideration.
She indicated the subject property is not within the boundaries of the Historic District, and yet they have
provided a design to meet the historic guidelines in order to provide the resource back #o the City. It
creates a more expensive construction than would be required otherwise. She referred to the drive
through location and stated they can provide for tiered and heavy landscaping which could shield the
drive through and present a picture to Lincoln Boulevard where visually you would hardlyknow that a
drive through existed along the back portion. There is so much retail in the area, and she feels it is only
feasible to develop #he area with a drive through because the clients they are pursuing have that '
requirement.
,
She stated the deliveries could be scheduled in order to eliminate any circulation conflicts, and stated
they were not aware of the loading zone requirements until just a few days ago. She stated they do feel
the proposed design works very well with`the historic character and gives a lot back to the City, and
asked Commission for their approvaL , ,
Public Testimony:
Charles Anderson, 1114, 1116 and 1118 Diamond Street, Anaheim, CA, stated he has three properties
on the alley, almost behind the proposed site. He is excited about the proposed center but expressed
concems with #he drive through, parking and traffic problems in the area. They have recently destroyed
the parking lot at Anaheim Union High School as rooms will be constructed; therefore the students are
parking on the residential streets. Also, on West Street there is an apartment building and the residents
do not use their basement parking because of vandalism and burglary that occurs there, so they park on
the streets.
• Paul Kott, 1225 W. Lincoln Avenue, Anaheim, CA, expressed his support of the project and stated they
own six properties to the west of the subject property. He expressed concerns pertaining to the proposed
design of the project as the back of the building would be along Lincoln Avenue. He pointed out the
subject area is the gateway into the downtown area from the I-5 Freeway and this would be an
opportunity to aim high for what is approved along Lincoln Avenue.
Barbara Gonzalez, 330 S. Ohio Street and 1124 & 1126 W. Center Street, Anaheim, CA, stated hec
family owns the property at 1124 and 1126 W. Center Street. She is in support of the project with some
exceptions, (1) the back of the building is along Lincoln Avenue and she feels that the prevailing historic
nature of the neighborhood is that the properties face out towards the street and having a drive through
that has parking along Lincoln Avenue would be inconsistent with the historic nature of the neighborhood; '
(2) the parking is an issue in the area; and (3) currently apartments and other residential units exists and
she pointed out that the drive through "speaker box" may be a nuisance to the adjacent residents. She
feels if the building was facing directly along Lincoln Avenue with no drive through that it may be more
appropriate for the area.
Mr. Kott referred to the proposed tenants (Subway, T-Mobile, Starbucks) indicated in the staff report and
asked if they currently have signed leases with the tenants. The reason for the question is because a
building that has a parking lot in the back of the building is not one that is viewed highly by a prospective
tenant. Therefore, you need to think beyond the proposed tenants because when they decide to leave
you'll need to figure out who might be willing to go there.
ApplicanYs Rebuttal:
Shawn Danesh, Calvada Development, 26996 La Paz Road; Aliso Viejo, CA, stafed they do have fully
signed leases with Subway and Starbucks, and they have a letter of intent with T-Mobile.
~ Meg Beatrice referred to the issue of the back of the building being along Lincoln Avenue and stated they
have made every effort to try to make the back of the building appear tobe like the front. They did
10-31-05
Page 8
OCTOBER 31, 2005
PLANNING COMMISSION MINUTES
provide for windows, canopies and a great deal of detail as it was meant to be very much a front face for
• Lincoln Avenue.
Commissioner Buffa asked what time is Subway scheduled to open.
Mr. Danesh stated in the State of California all Subways are required to be open from 8:00 a.m. to
10 p.m., unless they serve breakfast. From 8:00-10 a.m.; is staff's time to bake the bread andprepare
the cold items in the cooler.
Commissioner Karaki asked if it ismandated withStarbucks to have a drive through.'
Mr. Danesh responded Starbucks would only take the site if they have a drive through, and 95% of the
sites they are now pursuing have a drive through.
Further discussion took place amongst the applicant end Commission pertaining to the drive through and
the back of the building facing Lincolrr Avenue.
Commissioner ~loresasked staff if they are waiving the parking because of the drive through. .
~
Judy Dadant, SeniorPlanner, stated the parking waiver is requested because the code required number
of spaces is not being provided on site for the proposed project.
Meg Beatrice stated they had a parking study that supported the amount ofparking spaces.
Commissioner Flores suggested a seating area rather than a drive through.
Chairman Eastman referred to the parking waiver and asked if there was any consideration in reducing.
• the size of the building, because it seems like the usage is too intense for the amount of square footage in
the land. Also, indicated she is not very supportive of the drive through.
THE PUBLIC HEARING WAS CLOSED.
Chairman Eastman asked the applicant if they would be willing to continue the item in order to work with
staff on the design of the project.
Mr. Danesh stated they are willing to work with staff but they have gone over it many times already.
Chairman Eastman asked if they are willing to reduce the square footage of the building.
Mr. Danesh stated they would not be able to do that because it wouid not make any financial sense.
Commissioner Buffa stated there is not enough parking on the subject site even with the drive through
window and pointed out that handicapped and delivery parking needs to be considered, therefore only 20
spaces would be available. She stated she is concerned with the drive through aspect and the reduced
number of parking spaces.
Further discussion took place amongst staff and the Commission pertaining to the proposed waivers.
Chairman Eastman stated she would be in favor of a continuance in order for the applicant to work with
staff.
Commissioner Flores concurred with Chairman Eastman.
10-31-05
Page 9
OCTOBER 31, 2005
PLANNING COMMISSION MINUTES
• Further discussion took place amongst the applicant, staff and Commission pertaining to design changes
of the building.
IN SUPPORT: 3 people spoke in favor of the project but expressed concerns pertaining to the
proposed landscaping, parking and drive-through lane.
DISCUSSION TIME: 1 hour and 5 minutes (2:50-3:55)
OCTOBER 31, 2005
PLANNING COMMISSION MINUTES
• 5a. CEQA'NEGATIVE DECLARATION Continued to
5b. WAIVER OF CODE REQUIREMENT November 14, 2Q05
5c. CONDITIONAL USE PERMIT N0. 2005-05031
Owner: Mark Ghassemi, 301 East Ball Road, Anaheim, CA 92805 Motion: FloresBuffa
Agent: Patrick Anderson, 16022 Aria Circle, Huntington Beach, CA voTE: 6-0
92649 Commissioner
Velasquez absent
Location: 301 East Ball Road: Property is approximately 0.93-acre,
having a frontage of 150 feet on the north side of Ball Road
` and is located 333 feet east of the centerline of Technology
Drive (Ollin International,Jnc.).
Request to permit and retain an existing outdoor storage area and to
install an overhead crane to load trucks with slab materials in conjunction
with an existing wholesale building material (stone) distribution business
with waivers of minimum number of parking spaces. :
Project Planner.• '
Conditional Use Permit Resolution No. Qpramirez@anaheim.net)
• OPPOSITION: None
,
DISCUSSION TIME: This item was not discussed.
10-31-05 •
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' OCTOBER 31, 2005
PLANNING COMMISSiON MINUTES
~
~~/%~~%~~/ . `~L~.9~~~.~
Elly Morris
Senior Secretary
Received and approved by the Planning Commission on 1~ avew.~oer aZ~, 2005.
•